Donahoe Higher Education ActStudent Safety
Section § 67380
This law requires colleges and universities in California, funded with public money, to track and report campus crimes, specifically those involving violence, hate crimes, theft, drugs, and alcohol issues. Campuses must also report noncriminal hate violence and protect victims' identities. These institutions must maintain safety plans accessible to students and staff, and report hate-related incidents online. Schools must also inform local law enforcement about severe threats. Violating schools could face civil penalties, such as paying damages up to $1,000 for refusing to disclose information. This applies to public institutions with more than 1,000 students unless funds are unavailable for community colleges.
Section § 67381
This law emphasizes that campus law enforcement agencies have the primary role in handling police and security services, including investigating crimes on campus. It requires state universities, University of California campuses, and independent colleges to have written agreements with local law enforcement to spell out who investigates certain serious crimes, like violent acts and sexual assault, occurring on campus. These agreements should identify which agency is responsible and define geographic boundaries, and they must be reviewed and updated every five years starting July 2016.
Each law enforcement agency must cover its own investigation costs unless stated otherwise in these agreements. The law doesn't change any current agreements or mutual aid procedures and continues to give campus police authority on their grounds. This section is also referred to as the Kristin Smart Campus Safety Act of 1998.
Section § 67381.1
This law says that campus police departments are primarily responsible for security and investigating crimes on college campuses. Each community college must have an agreement with local police to outline who handles serious crimes like homicide, rape, robbery, and assault. These agreements should specify which department handles investigations and clearly define their geographical responsibility.
These agreements must be public, and each police agency covers its own investigation costs unless the agreement says otherwise. Existing agreements that already meet these standards are not affected. Campus police rights remain unchanged to provide campus security.
Section § 67382
This section requires the State Auditor to conduct an audit every three years on at least six California colleges and universities receiving federal student aid. The audit examines how these schools gather and report crime statistics, ensuring they comply with the Jeanne Clery Act and state laws on crime reporting.
Additionally, these institutions must implement policies allowing victims or witnesses to report crimes to campus security confidentially or anonymously. The audit results must be sent to the chairs of the Assembly and Senate Committees on Education.
Section § 67382.1
This law requires the California State Auditor to regularly review and report on how well the California State University and the University of California are dealing with sexual harassment. By September 1, 2026, and every three years after, the auditor must evaluate policies and practices to ensure they align with laws and best practices. The audits will assess both systemwide oversight and specifically look into two campuses from each university system. They'll check if harassment policies work, propose improvements, and ensure disciplinary actions are effective. The auditor must report findings to certain legislative committees, and the law is set to expire on January 1, 2036.
Section § 67382.2
By September 1, 2028, and every five years after, the California State Auditor must audit at least three community college districts. The audit checks if the colleges have effective policies to detect, handle, and prevent sexual harassment, if their policies align with laws and best practices, and how the investigation process might improve. It also evaluates whether disciplinary actions for confirmed harassment cases, reviewed within two years of the audit, were appropriate and effective. The findings must be reported to specific legislative committees, and this requirement will be in effect until January 1, 2044.
Section § 67383
This section requires colleges and universities in California to create policies ensuring reports of violent crimes, sexual assaults, or hate crimes, whether on or off campus, are quickly forwarded to law enforcement. Victims' identities are kept confidential unless they consent to be identified after being informed of their rights.
If the campus has its own police department, they receive the report. Otherwise, it goes to local police. Definitions are provided for 'hate crime,' 'local law enforcement agency,' 'on or off campus,' 'Part 1 violent crime,' and 'sexual assault.'
This requirement does not override any laws protecting the confidentiality of information.
Section § 67384
This law section mandates that community colleges, California State University campuses, and encourages University of California campuses to educate students about opioid overdose risks during campus orientations. They must provide information on the use and location of fentanyl test strips and opioid overdose reversal medications. At the start of each academic term, students should receive an email about these resources’ availability. Furthermore, campus health centers must apply to distribute opioid overdose reversal medication under the Naloxone Distribution Project and stock fentanyl test strips, providing clear instructions on their use.
Section § 67384.5
This law mandates that California State University and community colleges must inform students about opioid overdose prevention training given to residential advisors and house managers. At the start of each term, students living on campus must receive training on using opioid reversal medication. Each campus health center must supply two doses of this medication to student housing and fraternity or sorority facilities. The institutions must keep these doses in accessible places and ensure everyone knows where they are. Advisors and managers must educate residents about their training and access to medication for emergencies. Importantly, no student will face disciplinary actions for drug-related policy violations linked to using the medication during an overdose situation. The emphasis is on student safety above all.
Section § 67385
This law requires each public higher education institution in California to establish procedures for supporting victims of sexual assault or domestic violence on campus or associated locations. These procedures must include information on campus policies regarding these crimes, notification processes, available services, confidentiality protocols, and options for victims, such as counseling and legal actions.
The policy must guarantee confidentiality and explain available resources and remedies, like academic assistance and alternate housing. Institutions are to review these procedures annually with input from relevant counselors and stakeholders.
Counselors must be independent from the Title IX office, meeting specific qualifications, and their services should not be contingent upon victims reporting incidents to authorities. Consent from victims is needed before disclosing their identities, maintaining confidentiality and privacy. The law clarifies the definition of sexual assault and outlines what constitutes "specific permission" for disclosure.
Section § 67385.7
This law mandates that all community colleges and California State Universities (CSUs), and requests the University of California (UC), to provide new and returning students with information about sexual violence and harassment during their orientation programs. This includes posting related information on their websites. The information must cover common myths about sexual violence, how to report incidents, available resources for victims, and potential consequences for perpetrators.
Starting September 2024, these institutions must offer yearly training sessions on these topics, which should also incorporate specific details about substance-facilitated assaults by 2026. Students have to complete this training within six months each academic year. Educational institutions are also encouraged to develop policies that support reporting of sexual crimes and remove any barriers for victims coming forward.
Section § 67386
California law mandates that all postsecondary institutions adopt a policy to address sexual assault, domestic violence, dating violence, and stalking among students, both on and off campus, to qualify for state funding for financial aid. Key components include an 'affirmative consent' standard, where consent must be clear and ongoing during sexual activity, and policies for evaluating complaints.
Institutions must also establish victim-focused protocols, ensuring confidentiality and offering victim support resources, including counseling and legal assistance. Additionally, these institutions need to collaborate with community organizations for comprehensive support and implement prevention and outreach programs to educate students about policies and rights.
Regarding sexual violence cases, institutions must facilitate access to medical exams and secure transportation for students. They are required to provide ongoing education and outreach to all students, including incoming ones, about recognizing and preventing intimate partner and dating violence.